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An Influencer Agreement sets out the legal terms when a brand hires a social media personality to promote products or services. These contracts protect both parties by clearly defining what content the influencer must create, payment terms, and usage rights under Hong Kong's advertising and consumer protection laws.

The agreement typically covers key elements like content approval processes, disclosure requirements for sponsored posts, performance metrics, and intellectual property ownership. It also includes specific provisions about compliance with Hong Kong's trade descriptions ordinance and guidelines from the Communications Authority about online marketing transparency.

Use an Influencer Agreement before starting any social media marketing campaign in Hong Kong. This contract becomes essential when partnering with content creators who have significant followings on platforms like Instagram, YouTube, or Weibo to promote your products or services.

The agreement proves particularly valuable when dealing with high-value campaigns, multiple content deliverables, or sensitive brand messaging. It helps avoid disputes about payment terms, content ownership, and promotional requirements while ensuring compliance with Hong Kong's advertising standards and consumer protection laws. Having it in place before the first post goes live protects both parties from potential legal complications.

• Influencer Marketing Contract: Standard agreement for one-off campaigns or fixed-term promotions, focusing on specific deliverables and metrics
• Influencer Collaboration Agreement: Long-term partnership arrangement covering multiple campaigns and deeper brand integration
• Influencer Management Contract: Comprehensive agreement for agencies managing influencer relationships, including talent representation and campaign coordination

• Brands and Companies: Marketing teams, legal departments, and executives who seek influencer partnerships to promote products or services in Hong Kong
• Social Media Influencers: Content creators with significant followings who agree to create and share sponsored content according to specified terms
• Talent Management Agencies: Organizations that represent influencers and negotiate agreements on their behalf
• Legal Counsel: In-house or external lawyers who draft and review agreements to ensure compliance with Hong Kong advertising laws
• Marketing Agencies: Firms that coordinate influencer campaigns and manage the contractual relationship between brands and creators

• Campaign Details: Gather specifics about content deliverables, posting schedule, platforms used, and performance metrics
• Compensation Structure: Define payment terms, including fees, bonuses, and any product compensation
• Brand Guidelines: Document key messaging points, prohibited content, and approval processes
• Legal Requirements: Review Hong Kong advertising standards for proper disclosure requirements and content restrictions
• Rights Management: Clarify content ownership, usage rights, and duration of promotional rights
• Platform Rules: Check specific social media platform requirements for sponsored content disclosure

• Parties and Scope: Complete identification of both parties and detailed description of promotional services
• Content Requirements: Specific deliverables, posting schedule, and content approval process
• Compensation Terms: Payment details, timeline, and any performance-based bonuses
• Intellectual Property: Content ownership, usage rights, and licensing terms
• Compliance Clauses: Hong Kong advertising standards and disclosure requirements
• Term and Termination: Agreement duration and conditions for early termination
• Confidentiality: Protection of sensitive business information and trade secrets
• Dispute Resolution: Governing law and jurisdiction under Hong Kong courts

While both documents govern marketing relationships, an Influencer Agreement differs significantly from an Agency Agreement in several key aspects under Hong Kong law. The main distinction lies in their scope and the nature of the relationship they establish.

• Relationship Structure: Influencer Agreements create a direct, project-based relationship for specific content creation, while Agency Agreements establish ongoing authority to represent and act on behalf of the principal
• Control Level: Influencers maintain creative control within guidelines, whereas agencies typically have broader decision-making power over marketing strategies
• Payment Terms: Influencer contracts usually specify per-post or campaign-based compensation, while agency agreements often involve retainers or commission structures
• Legal Obligations: Agency Agreements create fiduciary duties and broader liability responsibilities, while Influencer Agreements focus on specific deliverables and content compliance